5-31_Dover_RFP.pdf

PDF 4 MB Posted May 31, 2019

Attached to: Replacement Elevating Transfer Vehicle Federal contract opportunity
Solicitation number: FA8604-19-R-8111
Issued by: Department of the Air Force Materiel Command

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RFP FA8604-19-R-8111; Elevating Transfer Vehicle Replacement

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Other files for this federal contract opportunity

Other files attached to Replacement Elevating Transfer Vehicle, newest first.
File	Type	Posted
Mod_0007_without_Attachment.pdf	PDF	Aug 1, 2019
Mod_0007--Cover_PD-2019-07-31_-_No_Markups.pdf	PDF	Aug 1, 2019
MOD_0006--Dover_(App._A_REV_4).pdf	PDF	Jul 30, 2019
Mark-Ups_Appendix_A_-_ETVs-2019-07-24.pdf	PDF	Jul 30, 2019
Amendment_0003.pdf	PDF	Jul 30, 2019
Dover_Question_Set_2_(REV1)_Engr_Answers.xlsx	XLSX spreadsheet	Jul 26, 2019
FA8604-19-R-8111__0005.pdf	PDF	Jul 26, 2019
Amend_0004_FA8604-19-R-8111.pdf	PDF	Jul 22, 2019
Mod_03_Rev_1_-_Contractor_Information_-_2019-07-15.pdf	PDF	Jul 16, 2019
Dover_Proj._OCF_041_ICS_pg_097-185.pdf	PDF	Jul 15, 2019
Dover_Rail_Epoxy_Anchor_Stud_Adhesive_Submittal.pdf	PDF	Jul 15, 2019
Dover_Rail_Steel_Sole_Plate_Submittal.pdf	PDF	Jul 15, 2019
Dover_Rail_-_Top_Guide_Rail.pdf	PDF	Jul 15, 2019
Dover_Rail_DP_Epoxy_2719432234.pdf	PDF	Jul 15, 2019
Dover_Proj._OCF_041_ICS_pg_065-96.pdf	PDF	Jul 15, 2019
8111-Mod_0002.pdf	PDF	Jul 15, 2019
Dover_Rail_Description.pdf	PDF	Jul 15, 2019
Dover_Proj._OCF_041_ICS_pg_014-64.pdf	PDF	Jul 15, 2019
Dover_Proj._OCF_041_ICS__pg_001-14.pdf	PDF	Jul 15, 2019
Dover_Rail_Epoxy_Grout_submittal.pdf	PDF	Jul 15, 2019
Dover_Proj._OCF_041_ICS_pg_186-206.pdf	PDF	Jul 15, 2019
PS-015.dwg	DWG drawing	Jul 11, 2019
PS-017.dwg	DWG drawing	Jul 11, 2019
PS-004.dwg	DWG drawing	Jul 11, 2019
PS-006.dwg	DWG drawing	Jul 11, 2019
PS-005.dwg	DWG drawing	Jul 11, 2019
PS-016.dwg	DWG drawing	Jul 11, 2019
PS-018.dwg	DWG drawing	Jul 11, 2019
PS-013.dwg	DWG drawing	Jul 11, 2019
PS-007_and_PS-008.dwg	DWG drawing	Jul 11, 2019
PS-012.dwg	DWG drawing	Jul 11, 2019
PS-001.dwg	DWG drawing	Jul 11, 2019
PS-009_PS-010_and_PS-011.dwg	DWG drawing	Jul 11, 2019
PS-003.dwg	DWG drawing	Jul 11, 2019
PS-014.dwg	DWG drawing	Jul 11, 2019
PS-002.dwg	DWG drawing	Jul 11, 2019
DOVER_ETV_Questions_addressed_at_Pre-Proposal_Conference_6.19.19.xlsx	XLSX spreadsheet	Jul 9, 2019
Dover--C5M_Pull_Sheet_-_Load_Plan.xlsx	XLSX spreadsheet	Jul 9, 2019
DOVER_Mod-0001.pdf	PDF	Jul 9, 2019
Dover_Pic_Deck-02.jpg	JPG image	Jul 9, 2019
ETV_Replacement_Pre-Proposal_Conf_charts.pdf	PDF	Jul 9, 2019
Dover_PIc_Deck-03.jpg	JPG image	Jul 9, 2019
Dover_Pic_Deck-04.jpg	JPG image	Jul 9, 2019
DOVER_PLATFORM_STABLIZATION_CABLES.pdf	PDF	Jul 9, 2019
NIST.SP.800-171.pdf	PDF	Jul 9, 2019
Dover_Pic_Deck-01.jpg	JPG image	Jul 9, 2019
BDV806-01.dwg	DWG drawing	May 31, 2019

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

FA8604-19-R-8111

6. SOLICITATION ISSUE DATE

31 MAY 2019

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

JULIA A. KEMP

b. TELEPHONE NUMBER (No collect calls) 937-656-5839

8. OFFER DUE DATE/

LOCAL TIME

19 JUL 2019/4PM est

9. ISSUED BY AFLCMC/PZIEA CODE FA8604

10. THIS ACQUISITION IS 11. DELIVERY FOR

FOB DESTINATION

UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

UNRESTRICTED

USAF/AFMC/AFLCMC

AF LIFE CYCLE MANAGEMENT CENTER

2275 D STREET, BLDG 16, RM 128

WRIGHT-PATTERSON AFB OH 45433-7228

JULIA A. KEMP 937-656-5839

JULIA.KEMP@US.AF.MIL

SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL BUSINESS 13a. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700) EMERGING SMALL BUSINESS

8(A) 13b. RATING

SERVICE DISABLED VET SB DO-C9

NAICS: 333922 14. METHOD OF SOLICITATION

SIZE STANDARD: RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

SEE SF1449 Continuation

17a. CONTRACTOR/

OFFEROR

CODE FACILITY

CODE

18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See SF1449 Continuation

(Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

See SF1449 Continuation 26 TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28.

CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED HEREIN.

29.

AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON

SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES

WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS: SEE

CONTINUATION.

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

31c. DATE SIGNED

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED _________________________________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35.AMT VERIFIED 36. PAYMENT 37. CHECK NUMBER

CORRECT FOR

COMPLETE PARTIAL FINAL

PARTIAL FINAL

38. S/R ACCT NUMBER

39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MMM/DD) 42d. TOTAL CONTAINERS

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 4/2002)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212 ConWrite Version 7.1.3.5 Created 31 May 2019 12:05 PM

SF1449 CONTINUATION

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

POST AWARD CONFERENCE

0001 1 __________ Lot __________ Noun: POST AWARD CONFERENCE

ACRN: AA

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall attend post award conference for project CSN: BDV806 in accordance with Cover Purchase Description (PD) dated 30 January 2019 (paragraphs 3.3.1.10. through 3.3.1.12.) at Dover AFB, DE.

NOTE: THE REQUIREMENT INCLUDES TRAVEL TO ATTEND THIS POST AWARD

AND IS MANDATORY.

INITIAL SYSTEM DESIGN AND SHOP DRAWING SUBMITTAL

0002 1 __________ Lot __________ Noun: INITIAL SYSTEM DESIGN AND SHOP DRAWING

SUBMITTAL

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall submit the initial design of the system for project:

CSN:BDV806 in accordance with all applicable paragraphs of the Cover PD (paragraphs 2.0 through 2.2., 3.0 through 3.3.10.), Appendix A and all associated drawings as noted in the attachments contained in Section J.

The initial shop drawings shall include all related drawings in acccordance with Cover PD paragraph 3.4.2.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

FINAL SYSTEM DESIGN AND SHOP DRAWING SUBMITTAL

0003 1 __________ Lot __________ Noun: FINAL SYSTEM DESIGN AND SHOP DRAWING

SUBMITTAL

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

After receipt of comments of the initial design package by the Government, the contractor shall incorporate and address any comments in the final design of the system for project: CSN: BDV806 in accordance with all applicable paragraphs of the Cover PD (paragraphs 2.0 through 2.2., 3.0 through 3.3.10.), Appendix A and all associated drawings as noted in the attachments contained in Section J.

The final shop drawings shall include all related drawings in acccordance with Cover PD paragraph 3.4.2.

MANUFACTURE/PRE-SHIPPING INSPTN & TEST OF ETV

0004 1 __________ Lot __________ Noun: MANUFACTURE & PRE-SHIPPING INSPECTION &

TEST OF ELEVATING TRANSFER VEHICLE

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall manufacture the Elevating Transfer Vehicles for project CSN: BDV806 in accordance with all applicable paragraphs of the Cover PD and Appendix A. Prior to shipment to the final destination, the contractor shall perform pre-shipping factory inspections and testing IAW Appendix A paragraph

4.1.1. upon successful completion of the sited tests.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

DELIVERY OF ELEVATING TRANSFER VEHICLES

0005 1 __________ Lot __________ Noun: DELIVERY OF ELEVATING TRANSFER VEHICLES

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

After successful completion of the Pre-Shipping inspection and testing, the contractor shall prepare and package the ETVs for shipment and deliver the ETV system in accordance with all applicable paragraphs of the Cover PD, Appendix A and applicable drawings.

Delivery of all Equipment Manuals, maintenance manuals and illustrated parts breakdown manuals shall be delivered with the equipment.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

INSTALL/SYST CHKOUT/QUAL CONFORM TEST/ORTN & COMM

0006 1 __________ Lot __________ Noun: INSTALL/SYSTEM CHKOUT/QUALITY

CONFORMANCE TEST/ORIENTATION &

COMMISSIONING

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall install all elements of the Elevating Transfer Vehicle in accordance with all applicable paragraphs of the Cover PD, Appendix A and drawings pertaining to design and fabrication as well as performance of the system checkout and quality conformance testing of the Elevating Transfer Vehicle for project CSN: BDV806.

As part of this CLIN, the contractor must comply with all elements of Cover PD paragraphs 3.1.3. through 3.1.4., 3.3.1.13 through 3.3.1.17.2., and 3.3.11 through 3.3.13. The temporary airfield construction waiver must be obtained 30 days prior to the start of work and should be coordinated with the COTR, Dover AFB Civil Engineering and Airfield Management and any other required Dover AFB personnel.

Also, as part of this CLIN, the contractor must complete the inspections, tests, and certifications in accordance with Cover PD paragraphs 3.4.4., 3.4.5., 4.2.1., 4.2.2., 4.3.1. through 4.3.3., and all tests identified in Appendix A. At the completion of the system checkout test, performed in accordance with the requirements of the Cover PD paragraph 4.2.1., the Contractor shall submit to the Contracting Officer the required equipment certifications and the written certification that the system has passed the requirements of the System Checkout Test. The COTR will schedule the quality conformance test to start within 10 days following receipt of the written certification from the contractor.

The Quality Conformance Test shall be performed in accordance with the Cover PD paragraph 4.2.2.

Certifications submitted as part of the System Checkout Test shall be delivered in accordance with paragraphs 3.4.4., 3.4.5., 4.3.3. and Table 2 of the Cover PD.

The Contractor shall perform all orientation in accordance with Cover PD paragraphs 3.5. through 3.5.6. and shall be completed prior to use of the system by government personnel.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

ICS UPDATES

0007 1 __________ Lot __________ Noun: ICS UPDATES

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall accomplish Inventory Control System Updates in accordance with Cover PD paragraphs 3.1.2. through 3.1.2.1.2., and all applicable paragraphs of Appendix A.

REMVL/TRANSPT/DISPL OF EXTG ETV SYS & REL DEMO TST

0008 1 __________ Lot __________ Noun: REMOVAL/TRANSPRT/DISPOSAL OF EXISTING

ETV SYSTM & RELIABILITY DEMONSTRN TEST

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

After completion of the quality conformance test, the contractor shall remove, transport and dispose of the existing ETVs in accordance with Cover PD paragraph 3.1.5. The contractor shall not proceed with demolition until at least two weeks after completion of the QCT to allow Government personnel to cannibalize each ETV after removing them from the Pallet Storage Enclosure

(PSE).

The contractor shall perform the reliability demonstration test IAW Cover PD paragraphs 3.3.1.1., 4.2.3. and Table 1.

Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount

DATA ITEMS

0009 1 __________ Lot __________ Noun: DATA ITEMS

PSC: 3990

NSN: N - Not Applicable Contract type: J - FIRM FIXED PRICE Inspection: DESTINATION Acceptance: DESTINATION

FOB: DESTINATION

Descriptive Data:

The contractor shall deliver all data items in accordance with Cover PD paragraphs 3.4 through 3.4.6. and Table 2.

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0001 1 FB4497 FB4497 30 DARO

Noun: POST AWARD CONFERENCE

ACRN: AA

Descriptive Data:

Post Award Conference to be completed at Building 550, Dover AFB Delaware.

0002 1 U 105 DARO

Noun: INITIAL SYSTEM DESIGN AND SHOP

DRAWING SUBMITTAL

Descriptive Data:

The contractor shall submit initial shop drawing package in accordance with Cover PD paragraph 3.4.2. and Table 2 of the Cover PD.

0003 1 U 150 DARO

Noun: FINAL SYSTEM DESIGN AND SHOP

DRAWING SUBMITTAL

Descriptive Data:

The contractor shall submit final shop drawing package, for Government approval, in accordance with Cover PD paragraph 3.4.2. and Table 2 of the Cover

PD.

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0004 1 U 300 DARO

Noun: MANUFACTURE & PRE-SHIPPING

INSPECTION & TEST OF ELEVATING

TRANSFER VEHICLE

Descriptive Data:

Performance of the pre-shipping inspection and tests shall be performed at the Contractor’s Facility: TBD.

0005 1 U 340 DARO

Noun: DELIVERY OF ELEVATING TRANSFER

VEHICLES

Descriptive Data:

Equipment, equipment manuals, maintenance manuals and illustrated parts breakdown delivery Address:

436 APS/TRKM

Building 550 550 Atlantic Street Dover AFB DE 19901

NOTE: Add to the Shipping label the verbiage: “To be offloaded and opened by the Contractor or Contractor’s Representative.” In addition, the following information should be included on the shipping label:

Contractor Name Contractor Representative Name Local Commercial Phone Number Building Number

0006 1 U 470 DARO

Noun: INSTALL/SYSTEM CHKOUT/QUALITY

CONFORMANCE TEST/ORIENTATION &

COMMISSIONING

Descriptive Data:

Installation/System Checkout/Quality Conformance Testing/Orientation and Commissioning of the System shall occur at:

436 APS/TRKM

Building 550 550 Atlantic Street Dover AFB DE 19901

SHIP MARK TRANS

ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE

0007 1 U 470 DARO

Noun: ICS UPDATES Descriptive Data:

The contractor shall perform all ICS updates at the following facility:

436 APS/TRKM

Building 550

0008 1 U 500 DARO

Noun: REMOVAL/TRANSPRT/DISPOSAL OF

EXISTING ETV SYSTM & RELIABILITY

DEMONSTRN TEST

Descriptive Data:

The contractor shall perform removal, transport and disposal of existing ETVs and the reliability demonstration test at the following facility:

436 APS/TRKM

Building 550

0009 1 U 530 DARO

Noun: DATA ITEMS Descriptive Data:

All data shall be delivered in accordance with Cover PD paragraphs 3.4. through

3.4.6. and Table 2. Addressees are listed in Table 2.

Obligation ACRN Appropriation/Lmt Subhead/Supplemental Accounting Data Amount

57 93080 179 LCWT 843050 4F22N0 00000 801410 503000 F03000 72834F

PR/MIPR: F4FDBM9071B101

Descriptive data:

PR#: F4FDBM9071B101

FSR: 074174

PSR: G98156

DSR: 198509

CIN: F4FDBM9071B1010000AA

PR COMPLETE

SOLICITATION PROVISIONS

1. FAR 52.202-01 DEFINITIONS (Nov 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR

2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

2. FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (Oct 2016)

(a) Definition. As used in this clause--

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

“Registered in the System for Award Management (SAM) database” means that—

(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

“System for Award Management (SAM)” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—

(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;

(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and

(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.

“Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) The Contractor is responsible for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(c)

(1)

(i) If a Contractor has legally changed its business name, doing business as name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to—

(A) Change the name in the SAM database;

(B) Comply with the requirements of subpart 42.12 of the FAR;

and

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support he legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the EFT clause of this contract.

(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov .

3. FAR 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND

SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (Jul 2018)

(a) Definitions. As used in this clause--

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil/. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil/.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

4. FAR 52.211-11 LIQUIDATED DAMAGES -- SUPPLIES, SERVICES, OR RESEARCH AND

DEVELOPMENT (Sep 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of per calendar day of delay.

(b) If the Government terminates this contract in whole or in part under the Default-- Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services.

These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.

5. FAR 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (Apr 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

6. FAR 52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

7. FAR 52.212-04 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (Jan 2017)